The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-07-24
CARS FOR THE NEGROES.
COuECIL GOES TO THE INTER
STATE COMMISSION.


n,lus L. Brown Questions tho Com
MISSIONS Jurisdiction Over the Com
Ylaint-Council Tells of tho Rough
Treatmen1 to Which He Was Sub
iocted-Briefa Submitted by Both
sides.
WASHINGTON, July 2S.-rhe Interstate
commerce Commission to-day gave hear
inc, in the case of W. H. Council against the
Western and Atlantic railroad. Council is
. colored man who having purchased first
class ticket charges that he was refl ;ed per-
,oission to ride in first class car and was
forced to 90 into a smoking car. Tho rail-
road company was represented by Julius L.
Brown. of Atlanta, and the complainant by
Johu D, Brandon and Oscar R. Hundley, of
Huntsville Mr Brown interposed some
objections to the admission of certain dcpo-
stions. and during brief discussion which
ensued, Mr.. Brown stated his purpose to
cnter n motion to throw out the complaint
upon the ground of lack of jurisdiction,
this being, he asserted, merely a claim for
damages.
DISCRIMINATION CHARGED.
The Chairman in reply, said the commits
sion would not sit here to try any mere
question of damages, but that this was
much more Here were charges of unjust
discrimination against a class of citizens
If there were such case it ought to arise
upon facts which are open, public and nOto-
riouS and there<ought to be no difficulty in
regard to them The objection being over
ruled the charges and response were read.
The gist of the railroads reply is that the
into To- in do
fance of the rules of the company and re-
fused to go into another car, and it was the
passengers and not the trainmen who as
saulted him The answer admits the duty
of Che company to furnish equal accommO-
dations for all first-clasS passengers, but it
claims the right to classify passengers either
by color line or otherwise.
COUNCILS STORY
After the reading of a number of depo-
sitionS Council was sworn. He is an intelli-
gent looking cOlored man, well dressed, self
possessed and of good address. He is a
minister of the gospel and principal of the
State normal school at Huntsville. In re-
pv to inquiries by the counsel he told the
story of his election from car in which he
had taken his seat. He entered the car
without objection on the part of any one.
He was told by some one whom he did not
recognize as a trainman that he must go
forward, to which he paid no attention. He
was finally approached by two men, one of
whom carried a lantern, and the other had
his hand upon his hip pocket.
The man with the lantern seized the wit
ness. hit him over the head several times
with the lantern, cutting his head badly
and breaking the glass. The witness APP
pealed to the passengers, but without avail.
His assailantS then seized and carried him
into the forward car. This car was very
filthy and was full of smoke. As he was
being passed from one car to the other
brakeman told him this was what he got for
not moving when requested.
THE MAN WHO STUCK THE BLOW.
The counsel for the respondent opened his
side of the case by reading a series of dePo-
sitionS from one of the passengers, named
Whtsett The following appears to have
been the style of Councils invitation to
change cars: 81 walked forward to the
front Of the car and told Burns the flag
man. that wanted his lantern minute |
took it out of his hand, then turned and
walked back to where Council was sitting
and told him there was to be
no more foolishness, that I did not want to
hurt him, but that he had to go. He replied
very insOlently that he would not 60 and l
grabbed him, and struck him over the head
with the lantern, | Rocked him out Of his
seat and pulled him out together. He fell
to the floor and as he raised up he came to-
wards me, and | let him have it again with
the lantern. | hit him several times before
conquered him, and then rushed him right
out OF the white car into the darkeys car
lie was willing to go by the time l got
through with him."
THE USAGES OF THE ROAD.
Several depositions taken at Huntsville
regarding complainant's political and social
record were thrown out as irrelevant.
Inc conductor of the train was sworn,
ana testlfied in substance that the colored
car on that trip was similar in construction
ana appointments to the ladies' car, except
that one end was partitioned off for smokers
and was i'll little better condition. If a
"lte man should enter the cOlored car, the
witness would request him to go out, and if
he refused he would make him 60. A white
man unaccompanied by ladies would be
compelled to enter the smoker, but after the
tiaih started he might go into the ladies' car
Il there were vacant seats This practice
was IN compliance with the bulletin order
| ", Ule road, but the orders were not printed.
me witness never did put white man out
u Vle ladleS' car if he behaved himself, and
GeNer heard Of its being done. No lady on
w uie Iralh had requested it, The counsel did
no1 question the witness regarding the as
4ult as they understood from the commits
:. st'ii Ihat tnat was not essential to the matter
Vi discrimination.
|
"rToDorrated the conductor.
BRIEFS SUBMITTED
Mr. Brown submitted motion to discuss
W. case, Doth sides submitted printed briefs,
qul the hearing ended. The defendants
toi %ieis are two in number, the first main
;S'i'hhg Uhe right Of the railroad to classify
~ passengers on the color line; the second
ccr@uSIsing the question of jurisdiction. The
c%i,llP!lalnants ciol brief, admitting the right Of
sS'sS W y lncation, maintains that it is the duty
sne railroad to furnish equal facilities and
'Iy TN enences for the two races
., ne commission has now cleared its dock
vro rol cases assigned for hearing during the
mJI,nt moInt month. Commissioner Schoon-
ban,e brner left the city this evening for his
mon mon IA Ia New York, and his colleagues will
,tg,aaoly leave Washington next week. 1t
inr r.Gr tI present purpose 10 take a recess dur
n5I T ie Ille month of August and to resume
bs,a b,Uiic uutleS on Sept. 10, at which date they
N"'o assigned hearing at Rutland, Vt.